PEOPLE v. DAVIS


289 A.D.2d 91 (2001)

734 N.Y.S.2d 63

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAURICE DAVIS, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 13, 2001.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the court's determinations concerning credibility. The credible testimony, including evidence of defendant's salesman-like behavior, clearly disproved his agency defense beyond a reasonable doubt (see, People v Herring, 83 N.Y.2d 780; People v Ortiz, 76 N.Y.2d 446

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